North Carolina and the Supreme Court

The U.S. Supreme Court has finished handing down decisions for the term, and this year North Carolina was at the center of some major rulings.

The court ruled against the University of North Carolina and Harvard in a case involving affirmative action, effectively ending the programs across the country. We discuss the impact.

Elsewhere, in a case that some say had a massive impact on the future of American democracy, the Supreme Court ruled against North Carolina on the independent state legislature theory. Had the ruling gone the other way, state courts would no longer have oversight over state elections. What does this mean for the future of this fringe theory?

Lastly, why is North Carolina at the center of these fights? Is it just a coincidence, or does it say more about the state’s political landscape?

We delve into these questions on the next Charlotte Talks.

GUESTS:

Michael Bitzer, professor of politics and history at Catawba College

Mary C. Curtis, columnist for Roll Call and host of the Roll Call podcast “Equal Time”

Chris Parker, associate professor of political science and pre-law advisor at the University of Rhode Island

What has been deemed legal is not always right

Sometimes, the court gets it right.

It did in the case of Bridget “Biddy” Mason, who eventually walked more than 2,000 miles before her journey ended in California, where her enslavers, Robert and Rebecca Smith, held Mason and her children captive in the supposedly “free state.” When she learned of the Smiths’ plan to haul them all to the slave state of Texas, Mason sued. And in 1856, after listening to her testimony in chambers, because Blacks could not testify against whites in court, Judge Benjamin Hayes decided in her favor.

Lucky for her, and for California, since Mason went on to success as a midwife, entrepreneur and philanthropist, establishing day-care centers and the First African Methodist Episcopal (FAME) Church in Los Angeles, which is still in operation.

I was spurred to learn more about her story after reading a tribute in the National Underground Railroad Freedom Center in Cincinnati during a recent trip there. Hers is a true-life tale that displays strategic intelligence and agency, and the countless ways society benefits when barriers are removed and innovation and imagination allowed to flourish.

The current U.S. Supreme Court, unlike Judge Hayes, in my opinion, got it terribly wrong in a flurry of decisions it issued last week. Each one, delivered in turn like staccato body blows, punctuated the court majority’s agenda to halt progress and move the country backward.

At the Freedom Center, I spent hours studying the exhibits, repelled by the lengths those in power would go to possess human beings they viewed as property, yet inspired by stories of brave patriots of every race who traveled on all sides of the “law” but always on the path of justice.

What has been deemed legal is not always right.

This country’s highest court has acted ignobly, as in the 1857 Dred Scott decision, in which Chief Justice Roger Taney declared that Black people had “no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.”

And it has been the prodding guide for a recalcitrant nation, as in the 1954 Brown v. Board of Education decision, in which it unanimously stated: “The doctrine of separate but equal has no place. Separate educational facilities are inherently unequal.”

Pushback has come from those who call out injustice, as Frederick Douglass did after Dred Scott, when he noted: “The Supreme Court of the United States is not the only power in this world. It is very great, but the Supreme Court of the Almighty is greater.”

And negative resistance has persisted, as well, the hallmark of those who would stand in the way, yelling “stop,” as segregationists proved when they used every tool, including violence, to fight Brown.

It wasn’t a surprise when the Supreme Court knocked down the use of race, but nothing else, as one factor among many for colleges and universities deciding which students to admit. Their reasoning ignores how the Harvard of today chooses a class, saving spaces for children of alumni, faculty and donors, those with talents in music or athletics, or from a state with paltry representation, and with a sprinkling of celebrity names moving to the front of the line.

It ignores that any applicant who makes it past review is qualified, and that no school has ever chosen a class based on test scores alone, lest it leave out too many children of the rich and powerful.

But most of all, Chief Justice John G. Roberts Jr. and the majority on the court ignore America, where race matters — and has always mattered. Instead, as Justice Ketanji Brown Jackson wrote in brilliant dissent: “With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.”

Local News Roundup: Officials look for answers after Charlotte Preparatory fire; Vi Lyles announces reelection campaign; SCOTUS hands down decisions impacting NC cases

There are millions of dollars of damage at Charlotte Preparatory School after a fire ripped through the building this week. Reports say there were no sprinklers in the section of the building where the fire broke out.

Touting her record on jobs and affordable housing, Mayor Vi Lyles has announced she’s running for another term. The Democrat has held the position since 2017.

The U.S. Supreme Court struck a blow to North Carolina Republicans, rejecting their argument for the independent state legislature theory that would have restricted the power states courts have over elections.

And the North Carolina legislature has revamped its abortion bill that was already vetoed by Gov. Roy Cooper. We explore the changes and what they mean for access to health care in the state.

Those stories and more on this week’s Charlotte Talks local news roundup.

GUESTS:

Joe Bruno, WSOC-TV reporter

Mary C. Curtis, columnist for Rollcall.com, host of the Rollcall podcast “Equal Time”

Ann Doss Helms, WFAE education reporter

Nick Ochsner, WBTV reporter

Wisconsin’s High-Stakes Supreme Court Race

In Wisconsin, the state Supreme Court election is breaking records when it comes to campaign spending on a judicial race. With abortion rights for Wisconsinites, their state’s electoral geography, and potentially the fate of the 2024 presidential election on the line, that big ticket spending makes sense. But will it make a difference in who gets the seat?

Guest: Mark Joseph Stern, senior staff writer for Slate.

Black Issues Forum: The Overturn of Roe v. Wade and Open Season on Civil Rights

As Americans celebrate July Fourth, recent U.S. Supreme Court rulings restricting freedoms loom. Journalist Mary C. Curtis, Political Analyst Steve Rao and Professor La’Meshia Whittington comment on the high court’s overturn of Roe v. Wade regarding abortions, Miranda v. Arizona on suspects’ rights to sue and a New York law on gun regulation.

Local News Roundup: COVID vaccines for the very young; Bruton Smith remembered; NC’s first case of monkeypox

COVID-19 vaccines are now available in Charlotte for children 6 months to 5 years old for the first time. We’ll talk about where you can get them.

This week marks two years since a shooting on Beatties Ford Road, with still very few answers.

NASCAR Hall of Famer and founder of Charlotte Motor Speedway Bruton Smith died this week at the age of 95. We’ll talk about his long and sometimes controversial life in motorsports.

At this week’s City Council meeting, south Charlotte residents spoke out about a plan for developveloping apartments in their neighborhood.

The NBA draft starts Thursday. What are the Hornets’ prospects? We’ll get a rundown on that and what the organization plans to do after their anticipated new head coach backed out of the job.

And North Carolina sees its first documented case of monkeypox.

Mike Collins and our roundtable of reporters delve into those stories and all the week’s top local and regional news on the Charlotte Talks local news roundup.

GUESTS:

Erik Spanberg, managing editor for the Charlotte Business Journal

Mary C. Curtis, columnist for Rollcall.com, host of the Rollcall podcast “Equal Time”

Claire Donnelly, WFAE health reporter

Seema Iyer, chief legal correspondent WJZY Queen City News

The Daily Drum: Supreme Court Document Leak, Roe v. Wade

It has never happened before in the modern history of The Supreme Court.  A draft of a court decision… leaked to a news organization and now very public… before the court takes the  vote.  This draft on the issue of abortion… suggests that the landmark 1973, Roe v. Wade decision could be overturned.  Chief justice John Roberts saying today… the draft is authentic… but not a final decision of the court. We look at what this means for the independence of the court, abortion rights, even election politics.

 

But what will the ‘optics’ be?

After the votes are counted, probably this week, Judge Ketanji Brown Jackson will almost certainly be a Supreme Court justice. But members of the Senate Judiciary Committee who wanted to use her confirmation hearings for everything but the thing they were designed for are also walking away satisfied.

Republican senators like Tom Cotton of Arkansas, Josh Hawley of Missouri, Marsha Blackburn of Tennessee and Ted Cruz of Texas used their time to either talk down to Jackson or talk past her to make political points.

During the hearings, questions that criticized her sentencing philosophy as well as “empathy” were tailor-made for the African American Supreme Court candidate and a slew of negative ads to accuse her and every Democrat of being soft on crime in general and pornographers in particular.

In that, they were merely following the playbook that has become routine and is unfortunate for any American who wants to get anything done, especially, in this instance, for advocates of criminal justice reform. That Jackson had the support of major law enforcement groups and could boast of relatives with more time on the front lines of fighting crime than all those senators combined were facts to be ignored by those looking to set a narrative. That her sentencing record resembled that of Republican judges favored by the disagreeing and disagreeable senators were details to be brushed aside. Cotton, in fact, has ramped up his attacks, saying, to the disgust of the Anti-Defamation League, that she would represent “Nazis.”

After listening to and watching the show along with the rest of us, three Republican senators have explained their reasoning for backing the eminently qualified jurist while decrying the partisan grandstanding that has accompanied modern Supreme Court justice hearings. Lisa Murkowski of Alaska, Susan Collins of Maine and Mitt Romney of Utah, who actually voted against her last time around, had met with Jackson. They apparently have seen her as she truly is, not the ridiculous caricature constructed by her interrogators.

What did that get the three? The label of “pro-pedophile” from Rep. Marjorie Taylor Greene. Along with that slander, she also tweeted the proof was, “They just voted for #KBJ,” when the vote had not yet happened. But when has being wrong on fact or intention ever stopped the Georgia Republican?

It all fits in with the spectacle of Republican members of the Senate Judiciary Committee continuing their snarling and baseless accusations against Jackson this past Monday — the April 4 anniversary of the assassination of Dr. Martin Luther King Jr.

The symbolism speaks for itself and points to a larger problem.

Say goodbye to reality-based reasoned discussion, with give-and-take from every side, and hello to filtering every issue through fear, feelings and optics.

Get used to terms such as “woke,” “socialism,” “critical race theory” and now “pedophile” in outraged statements and already surfacing alarmist election ads.

Conservatives Accuse President Biden of Playing Identity Politics

Great discussion on Black News Channel with host Charles M. Blow and Rewire News Group’s senior editor of law and policy Imani Gandy on “identity politics” accusations toward #PresidentBiden and anticipated conservative opposition to Biden’s #SCOTUS nominee, on #PRIME.

Biden to Pick Black Woman for Supreme Court

Talking, what else, the Supreme Court and President Biden’s promise to appoint a Black women, on The Daily Drum, WHUR and Sirius 141, with host Harold Fisher, fellow guests Howard U poli sci prof Dr. Niambi Carter and political analyst Dr. Sherice Nelson